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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Shiv Shankar Singh, S/o. Late Baba Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the order taking cognizance dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum in connection with Galudih P.S. Case No.29 of 2017 corresponding to G.R. Case No.356 of 2017 and a further prayer has also been made to quash the order taking cognizance dated 03.07.2024 passed by the learned ACJM, Ghatsila in the said case.
3. The brief fact of the case is that the petitioner is the accused person of Galudih P.S. Case No.29 of 2017 inter alia the allegation against the petitioner is that the petitioner was assisting in concealment of stolen property. Police after investigation of the case submitted charge sheet inter alia against the petitioner for having committed the offences punishable under Section 419, 420, 414 & 34 of the Indian Penal Code and on the basis of the charge sheet submitted by the police, the learned Judicial Magistrate, Ghatsila, East Singhbhum took cognizance of the said offences in respect of which the
A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
It is settled that taking cognizance is a well-known but undefined concept in criminal jurisprudence. The Code of Criminal Procedure does not define word "cognizance". The dictionary meaning of the w....
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